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Full-Text Articles in Law

Balancing The Statute Of Limitations And The Discovery Rule: Victims Of Incestuous Abuse Are Denied Access To Washington Courts—Tyson V. Tyson, Naomi Berkowitz Jan 1987

Balancing The Statute Of Limitations And The Discovery Rule: Victims Of Incestuous Abuse Are Denied Access To Washington Courts—Tyson V. Tyson, Naomi Berkowitz

Seattle University Law Review

This Note addresses the Washington Supreme Court’s reasoning in Tyson v. Tyson in light of the incest victim and the nature of her injury, with a focus on the justification for the statute of limitations and the development of the discovery rule exception in Washington law. This Note then argues for the logical and just extension of the discovery rule to cases involving the victims of repeated incestuous abuse who discover the abuse after the statute of limitations has run.


Sanctuary: The Legal Institution In England, Steven Pope Jan 1987

Sanctuary: The Legal Institution In England, Steven Pope

Seattle University Law Review

This Article discusses the institution of sanctuary that was recognized under the Common Law of England from at least the early Middle Ages until the Jacobean period, that is, from about the seventh to the seventeenth centuries A.D. This Article does not include a specific discussion of the modern American idea of sanctuary as the term is applied to the act of aiding an alien to remain illegally in the United States to escape political persecution in the alien’s own country. However, a consideration of the historical institution of sanctuary may shed light on the contemporary issue in two ways. …


The Counterrevolution Enters A New Era: Criminal Procedure Decisions During The Final Term Of The Burger Court, Charles Whitebread Jan 1987

The Counterrevolution Enters A New Era: Criminal Procedure Decisions During The Final Term Of The Burger Court, Charles Whitebread

Seattle University Law Review

This Article canvases the Burger Court’s counterrevolution in criminal procedure effectuated by a series of rulings that restructured the balance between the state and the criminally accused. The Article identifies the five major themes that have marked the Burger Court’s counterrevolution in criminal procedure and demonstrates how these themes were illustrated by various decisions this term during the 1985-86 term. After providing this background, the Article poses questions of how shifts in the composition of the Court may affect the trajectory of criminal procedure.